약사법상 담합행위의 최근 이슈와 개선방안

Abstract

The separation policy of prescription and dispensary, which was enacted on July 2000 based on the separation of medical practices of doctors and pharmacists, punishes any collusion between medical institutions (or medical personnel) and pharmacies (pharmacists) for any forms of economic benefits in return for prescription of certain medicines, etc. The provision of such economic benefits, etc., while strictly prohibited at present, is very hard to uncover and punish; and the increase in recent cases of such illegal acts has blatantly abused the principle of analogy prohibition by promising possible economic benefits to the ‘future founders of long-term care institutions’ by third-party agents other than the actual founders and operators of the medical institutions and pharmacies. However, even though no clear criteria are set in the law, such illegal provision of economic benefits should be redefined as an act of unfair trade or collusive conduct, as such provision has significant potential for disrupting interest at personal and social levels by hindering the goals and functions of the prescription-dispensary separation ─ such as prohibition of drug abuse, mutual control of doctors and pharmacists, reduction of waste in the national healthcare insurance budget, and procurement of choice in pharmacies by patients. Therefore, in this article, the writers will review the recent issues on collusive conduct as defined in the Pharmaceutical Affairs Act, as well as the revision of the Act and other relevant legislation, before proposing appropriate directions for legislative and policy correction.